Chapter I General Provisions and Definitions
Article 1 In order to ensure the
fairness, convenience and promptness of a “.CN” and “.中国” ccTLD (hereinafter referred to as a domain
name) dispute resolution procedure, the China ccTLD Dispute Resolution Policy
Rules (hereinafter referred to as these Rules or CNDRP Rules) are formulated in
accordance with "China ccTLD Dispute Resolution Policy" (hereinafter
referred to as the Policy or CNDRP).
Article 2 The proceedings for the
resolution of disputes under the CNDPR shall be governed by these Rules and the
Supplemental Rules of the Domain Name Dispute Resolution Provider (hereinafter
referred to as the Supplemental Rules) in accordance with these Rules.
Article 3 The following terms in the
Rules have the following definitions:
(a) Registration Agreement means the domain name registration agreement between
a registrar and a domain name holder. The CNDRP
is incorporated by reference and made a part of the Registration Agreement, and
binding to the holders and registrars.
(b) Party means a Complainant or a Respondent.
(c) Complainant means the party initiating a complaint concerning a domain name
registration with Domain Name Dispute Resolution Provider in accordance with
CNDRP and the CNDRP Rules.
(d) Respondent means the holder of the domain name against which a complaint is
initiated.
(e) Registry refers to China Internet Network Information Center (CNNIC).
(f) Registrar refers to the entity authorized by CNNIC and responsible for
acceptance of the domain name registration applications and completion of
domain name registrations in ccTLD database.
(g) Agency refers to the entity which accepts the applications for
registrations of the domain names on behalf of the Registrar and completes the
domain name registrations in ccTLD database indirectly.
(h) Provider refers to a dispute resolution service provider approved by CNNIC
to resolve the domain name disputes.
(i) Panel means a panel composed of 1 or 3 Panelists who are appointed by the
Provider to be responsible for the resolution of a domain name dispute.
(j) Panelist means the individual who are listed among the Name List of
Panelists approved by the Provider and published at the Provider's Web-site,
and qualified to be members of the Panel for the resolution of the domain name
disputes.
(k) Supplemental Rules means the rules adopted by the Provider to supplement
CNDRP in accordance with CNDRP and these Rules.
(l) The Simplified Rules refer to those rapid procedure rules which the domain
name dispute resolution organizations have made in accordance with CNDRP, these
Rules and Supplemental Rules for special domain name disputes under the Items
of CNDRP.
Chapter II Communications
Article 4 Any communication under
these Rules shall abide by the following principles:
(a) Any communication by the Provider to any Party shall be copied and served
to the other Party.
(b) Any communication by the Panel to any Party shall be copied and served to
the other Party and the Provider.
(c) It shall be the responsibility of the sender to retain records of the fact
and circumstances of sending, which shall be available for inspection by
affected parties and for reporting purposes.
(d) In the event a Party sending a communication receives notification of
non-delivery of the communication, or thinks by himself that he has not
delivered the communication successfully, the Party shall promptly notify the
Provider of the circumstances of the notification. Further proceedings
concerning the communication and any response shall be as directed by the
Provider.
(e) Either Party may update its contact details by notifying the Provider.
Article 5 When forwarding a
complaint to the Respondent, it shall be the Provider's responsibility to
employ reasonably available means calculated to achieve actual notice to
Respondent. Achieving actual notice, or employing the following measures to do
so, shall discharge this responsibility:
(a) Sending the complaint in electronic form (including annexes to the extent
available in that form) by e-mail to the e-mail addresses shown in the
Registry's and the Registrar's WHOIS database for the registrant, registrant
contact name, administrative contact, the technical contact, the undertaker and
the bill contact, or if the domain name resolves to an active web page, sending
the complaint in electronic form (including annexes to the extent available in
that form) by e-mail to the e-mail addresses shown on that web page; and
(b) Sending the complaint to any email address the Respondent has notified the
Provider it prefers and, to the extent practicable, to all other email
addresses provided to the Provider by the Complainant according to Article 12
(e).
Article 6 Except as provided in the
preceding Article, any written communication to Complainant or Respondent
provided for under these Rules shall be made by the Email form or other
reasonable ways required by the Complainant or Respondent when obtaining the
approval from the dispute resolution bodies.
Article 7 Any communication by the
Complaint or the Respondent to the Provider or the Panel shall be made by the
means and in the manner (including number of copies) stated in the Provider's
Supplemental Rules.
Article 8 Unless otherwise agreed by
the Parties or determined in exceptional cases by the Panel, the language of
the domain name dispute resolution proceedings shall be Chinese. The Panel may
order that any documents submitted in languages other than Chinese be wholly or
partially translated into Chinese.
Article 9 Except as otherwise
provided in these Rules, or decided by a Panel, all communications provided for
under these Rules shall be deemed to have been made:
(a) If by facsimile transmission, on the date shown on the confirmation of
transmission; or
(b) If by postal or courier service, on the date marked on the receipt; or
(c) If via the Internet, on the date that the communication was transmitted,
provided that the date of transmission is verifiable.
Article 10 Except as otherwise
provided in these Rules, the date calculated under these Rules when a
communication begin to be made shall be the earliest date that the
communication is deemed to have been made in accordance with the preceding
Article.
Chapter III The Complaint
Article 11 Any person or entity may
initiate a domain name dispute resolution proceedings by submitting a complaint
in accordance with CNDRP and these Rules to any Provider approved by CNNIC.
Article 12 The complaint shall be
submitted in electronic form, and shall:
(a) Request that the complaint be submitted for decision in accordance with
CNDRP and these Rules;
(b) Provide the name, postal and e-mail addresses, and the telephone and
telefax numbers of the Complainant and of any representative authorized to act
for the Complainant in the proceedings;
(c) A preferred method for communications directed to the Complainant in domain
name dispute resolution proceedings, including the person to be contacted,
medium to be adopted and address information;
(d) Designate whether Complainant elects to have the dispute decided by a
single member Panel or a three-member Panel and, in the event Complainant
elects a three-member Panel, provide the names of three candidates from the
Provider's list of panelists to serve as one of the Panelists in the order of
its own preference. The Complainant may also entrust the Provider to appoint
the panelist on his behalf;
(e) Provide the name of the Respondent (domain name holder) and all information
(including any postal and e-mail addresses and telephone and telefax numbers)
known to Complainant regarding how to contact Respondent or any representative
of Respondent, in sufficient detail to allow the Provider to send the complaint
as described in Article 5 of these Rules;
(f) Specify clearly the domain name (s) that is/are the subject of the
complaint;
(g) Identify the Registrar and/or the Agency with whom the domain name (s)
is/are registered at the time the complaint is filed;
(h) Specify the rights or legitimate interests on which the complaint is based
with regard to the disputed domain name, annexing all materials evidencing the
rights or interests;
(i) Describe, in accordance with CNDRP, the grounds on which the complaint is
made including, in particular,
(1) the disputed domain name is identical with or confusingly similar to the
complainant's name or mark in which the Complainant has civil rights or
interests;
(2) the disputed domain name holder has no right or legitimate interest in
respect of the domain name or major part of the domain name;
(3) the disputed domain name holder has registered or used the domain name in
bad faith.
(The description should, for elements (3), discuss any aspects of Article 9 of
CNDRP. The description shall comply with any word or page limit set forth in
the Provider's Supplemental Rules.)
(j) Specify, in accordance with Article 14 of CNDRP, the remedies sought;
(k) Identify any other legal or arbitral proceedings which have been commenced
or terminated in connection with or related to any of the domain name (s) that
are the subject of the complaint. All materials concerning the above
proceedings that can be obtained by Complainant shall be submitted.
(l) Conclude with the following statement followed by the signature or stamp of
the Complainant or its legal representative or its authorized representative:
"Complainant certifies that the complaint was filed in accordance with CNDRP
and CNDRP Rules as well as the relevant laws; that the information contained in
this Complaint is to the best of Complainant's knowledge complete and accurate;
that the corresponding claims and remedies shall be solely against the domain
name holder and waives all such claims and remedies against the dispute
resolution Provider and Panelists, the Registry and the Registrar, the registry
administrator as well as the Agency";
(m) Annex, as attachments, any documentary or other evidence upon which the
complaint relies.
Article 13 The Complaint may relate
to more than one domain name, provided that the domain names are registered by
the same domain name holder.
Article 14 After receipt of the
complaint, the Provider shall review the complaint for administrative
compliance with the CNDRP, these Rules and the Supplemental Rules.
If in compliance, the Provider shall forward the copy of the complaint to the
Respondent, in the manner prescribed by these Rules, following receipt of the
fees to be paid by the Complainant in accordance with these Rules.
If the Provider finds the complaint to be administratively deficient, it shall
promptly notify the Complainant of the nature of the deficiencies identified.
The Complainant shall correct any such deficiencies of the complaint within the
required time of period. If the Complainant does not correct the deficiencies
identified within the required time or the corrected complaint cannot satisfy
the requirements under CNDRP and these Rules, the complaint will be deemed
withdrawn confirmed by the written notification of the Provider.
Article 15 The date of commencement
of the domain name dispute resolution proceedings shall be the date on which
the Provider completes its responsibilities under Article 5 of these Rules in
connection with forwarding the Complaint to the Respondent.
Article 16 The Provider shall
immediately notify the parties, the concerned Registrar and CNNIC of the date
of commencement of the domain name dispute resolution proceedings.
Chapter IV The Response
Article 17 Within twenty (20)
calendar days from the date of commencement of the proceedings the Respondent
shall submit a response to the Provider.
Article 18 The response shall be
submitted in electronic form, and shall:
(a) Respond specifically to the statements and allegations contained in the
complaint and include any and all bases for the Respondent (domain name holder)
to retain registration and use of the disputed domain name (This portion of the
response shall comply with any word or page limit set forth in the Provider's
Supplemental Rules.);
(b) Provide the name and contact details of the Respondent and of any
representative authorized to act for the Respondent in the proceedings (postal
and e-mail addresses, and the telephone and telefax numbers);
(c) Specify a preferred method for communications directed to the Respondent in
the domain name dispute resolution proceedings, including person to be
contacted, medium to be adopted and address information;
(d) If Complainant has elected a single member Panel in the Complaint, state
whether Respondent elects instead to have the dispute decided by a three-member
panel;
(e) If either Complainant or Respondent elects a three-member Panel, provide
the names of three candidates from the Provider's list of panelists to serve as
one of the Panelists in the order of its own preference. The Respondent may
also entrust the Provider to appoint the panelist on his behalf;
(f) Identify and state any other legal or arbitral proceedings which have been
commenced or terminated in connection with or relating to any of the domain
name(s) that is/are the subject of the complaint and provide all information
available concerning such proceedings;
(g) Conclude with the following statement followed by the signature or stamp of
the Respondent or its legal representative or its authorized representative:
"Respondent certifies that the response was filed in accordance with China
ccTLD Dispute Resolution Policy and China ccTLD Dispute Resolution Policy Rules
as well as the relevant law; that the information contained in this Response is
to the best of Respondent's knowledge complete and accurate; that the
corresponding defenses and assertions shall be solely against the Complainant
and waives all such defenses and assertions against the Provider and Panelists,
the Registry and the Registrar, the registry administrator as well as the
Agency.";
(h) Annex, as attachments, any documentary or other evidence upon which the
response relies.
Article 19 If Complainant has
elected to have the dispute decided by a single member Panel and Respondent
elects a three-member Panel, Respondent shall be required to pay one-half of
the applicable fees for a three-member Panel as set forth in the Provider's
Supplemental Rules. This payment shall be made together with the submission of
the response to the Provider. In the event that the required payment is not
made, the dispute shall be decided by a single member Panel.
Article 20 At the request of the
Respondent, the Provider may, under some special circumstances, extend
appropriately the period of time for the filing of the response. The period may
also be extended by the agreement between the parties, provided that the
agreement is approved by the Provider.
Chapter V Appointment of the Panel
Article 21 The Provider shall
maintain and publish a publicly available name list of panelists. The Panel in
charge of the domain name dispute resolution shall be composed by either one
single Panelist or three Panelists.
Article 22 If neither the
Complainant nor the Respondent has elected a three-member Panel, the Provider
shall appoint, within five (5) calendar days following receipt of the response
by the Provider, or the lapse of the time period for the submission thereof, a
single Panelist from its list of panelists. The fees for a single member Panel
shall be paid entirely by the Complainant.
Article 23 If either the Complainant
or the Respondent elects to have the dispute decided by a three-member Panel,
the Provider shall appoint three Panelists in accordance with the procedures
identified in Article 25 and 26 of these Rules. The fees for a three-member
Panel shall be paid in their entirety by the Complainant, except where the
election for a three-member Panel was made by the Respondent, in which case the
applicable fees shall be shared equally between the Parties.
Article 24 Unless it has already
elected a three-member Panel and provided the names of the three candidates,
the Complainant shall submit to the Provider, within three (3) calendar days of
communication of a response in which the Respondent elects a three-member
Panel, the names of three candidates to serve as one of the Panelists.
Article 25 In the event that either
the Complainant or the Respondent elects a three-member Panel, the Provider
shall endeavor to appoint one Panelist from the list of candidates provided by
each of the Complainant and the Respondent. In the event the Provider is unable
within five (5) calendar days to secure the appointment of a Panelist on its
customary terms from either Party's list of candidates, the Provider shall make
that appointment from its list of panelists. The third Panelist shall be
appointed by the Provider from its list of panelists. The third Panelist shall
be the Presiding Panelist.
Article 26 Where the Respondent
fails to submit the response or, has submitted the response but fails to
indicate how to designate the Panel, the Provider shall proceed to appoint the
Panel as follows:
(a) If the Complainant has designated a single member Panel, the Provider shall
appoint the Panelist from its list of panelists;
(b) If the Complainant has designated a three-member Panel, the Provider shall,
subject to availability, appoint one Panelist from the list of candidates
provided by the Complainant and shall appoint the second Panelist and the
Presiding Panelist from its list of panelists.
Article 27 The Panelists shall have
the right to decide by themselves whether to accept the appointment. To ensure
the promptness and smoothness of the domain name dispute resolution
proceedings, if any of the Panelists designated cannot accept the appointment,
the Provider shall appoint another Panelist from its list of panelists at its
own discretion.
Article 28 Once the entire Panel is
appointed, the Provider shall promptly forward the case file to all members of
the Panel and shall notify immediately the parties of the Panelists appointed
and the date by which the Panel shall forward its decision on the complaint to the
Provider.
Article 29 A Panelist shall be
impartial and independent and shall have, before accepting appointment,
disclosed to the Provider any circumstances giving rise to justifiable doubt as
to the Panelist's impartiality or independence. If, at any stage during the
proceedings, new circumstances arise which could give rise to justifiable doubt
as to the impartiality or independence of the Panelist, that Panelist shall
promptly disclose such circumstances to the Provider. In such event, the
Provider shall have the discretion to appoint a substitute Panelist.
Prior to the acceptance of appointment as a Panelist, a candidate shall be
required to submit to the Provider a Declaration of Independence and
Impartiality in writing.
Where either party thinks that any Panelist has material interests with the
opposing party and that such circumstance may affect the fair ruling of the
case, that party may request to the Provider for removing the Panelist before
the Panel has rendered its decision. Removal of the Panelist shall be in the
Provider's discretion.
Article 30 No Party or anyone acting
on its behalf may have any unilateral communication with the Panel. All
communications between a Party and the Panel or the Provider shall be made to a
case administrator appointed by the Provider in the manner prescribed in the
Provider's Supplemental Rules.
Chapter VI Hearing and Ruling
Article 31 The Panel shall conduct
the proceedings in such manner as it considers appropriate according to these
Rules and Supplemental Rules, and decide a complaint on the basis of the
statements and documents submitted and in accordance with CNDRP, as well as any
rules and principles of law which it deems applicable. If a Respondent does not
submit a response, the Panel shall, in absence of exceptional circumstances,
decide the dispute based upon the complaint.
In all cases, the Panel shall ensure that the parties are treated with equality
and that each party is given a fair opportunity to present its case, give out
its reasons and provide the evidence.
The Panel shall ensure that the proceedings take place with due expedition. It
may, at the request of a party, extend, under some special circumstances, a
period of time fixed by these Rules.
The Panel shall determine the admissibility, relevance, materiality and weight
of the evidence.
Article 32 In addition to the
complaint and the response, the Panel may request, in its sole discretion,
further statements or documents from either of the parties.
As to the additional documents submitted by either party besides the complaint
and the response, the Panel would not accept them in principle unless the
parties have additional agreement or the Panel has made additional decision in
that respect.
Article 33 Under the normal
circumstances, there shall be no in-person hearings (including hearings by
teleconference, videoconference, and web conference), unless the Panel
determines that such a hearing is necessary for deciding the complaint and
either of the parties is willing to take on the related expenses.
Article 34 In the event that a
party, in the absence of exceptional circumstances, does not comply with any of
the provisions established by these Rules and Supplemental Rules or any of the
time periods fixed by the Panel, the Panel shall proceed to a decision on the
complaint.
Article 35 If a party, in the
absence of exceptional circumstances, does not comply with any provisions of
these Rules and Supplemental Rules or any request from the Panel, the Panel
shall draw such inferences therefrom as it considers appropriate.
Article 36 In the event of multiple
disputes between the parties, either party may petition to consolidate the
disputes before a single Panel. This petition shall be made to the first Panel
appointed to hear a pending dispute between the parties. This Panel may
consolidate before it any or all such disputes in its sole discretion, provided
that the disputes being consolidated are governed by CNDRP adopted by CNNIC.
Article 37 In the absence of
exceptional circumstances, the Panel shall render its decision on the complaint
and forward the decision to the Provider within fourteen (14) calendar days of
its appointment.
Article 38 The Panelists shall
submit the draft decision to the Provider before signing the decision. The
Provider may review the form of the award on condition that the Panelists'
independence of decision is not affected.
Article 39 In the case of a
three-member Panel, the Panel's decision shall be made by a majority. Each
Panelist possesses an equal vote. Where the majority cannot be reached, the
decision shall be decided by the Presiding Panelist. Any dissenting opinion
shall accompany the majority decision.
Article 40 The Panel's decision
shall be made in electronic form, provide the final decision and the reasons on
which it is based, indicate the date on which it was rendered and identify the
name(s) of the Panelists.
If the Panel concludes that the dispute is not within the scope of CNDRP, it
shall so state. If after considering the submissions the Panel finds that the
complaint was brought in bad faith, , the Panel may declare in its decision
that the complaint constitutes an abuse of the domain name dispute resolution
procedure.
Article 41 In the event of any legal
or arbitral proceedings initiated prior to or during the domain name dispute
resolution proceedings in respect of a domain name which is the subject of the
complaint, the Provider or the Panel shall have the discretion to decide
whether to suspend or terminate the proceedings, or to proceed to a decision;
Where a party initiates any legal or arbitral proceedings during the pendency
of the domain name dispute resolution proceedings in respect of a domain name
which is the subject of the complaint, it shall promptly notify the Panel and
the Provider.
Article 42 Before the Panel's
decision, the domain name dispute resolution proceedings may be terminated, if
(a) The parties agree on a settlement.
(b) The Panel thinks that it becomes unnecessary or impossible to continue the
proceedings for other reasons, unless a party raises justifiable grounds for
objection within a period of time to be determined by the Panel.
Chapter VII Communication and
Publication of the Decision
Article 43 Within three (3) calendar
days after receiving the decision from the Panel, the Provider shall notify
each party, the relevant Registrar and CNNIC of the full text of the decision
via email .
Article 44 Unless the Panel, at
request of one party or considering the specific situation of the Case,
determines otherwise, the Provider shall publish the full decision on a
publicly accessible web site within the time limit stipulated in Article 43.
Chapter VIII Fees
Article 45 The Complainant shall pay
to the Provider an initial fixed fee, in accordance with the Provider's
Supplemental Rules or Simplified Rules, within the time and in the amount
required.
A Respondent electing to have the dispute decided by a three-member Panel, rather than the single member Panel elected by the Complainant, shall pay the Provider one-half the fixed fee for a three-member Panel. In all other cases, the Complainant shall bear all of the domain name dispute resolution’ fees.
Article 46 No action shall be taken
by the Provider on a complaint until it has received from Complainant the
initial fee in accordance with these Rules and the Provider's Supplemental
Rules and Simplified Rules.
Article 47 In exceptional
circumstances, in the event the Panel, at the request of a party, determines
that an in-person hearing is to be held, the Provider shall request the parties
for the payment of additional fees, which shall be established in agreement
with the Parties and the Panel.
Chapter IX Supplementary Provisions
Article 48 Except in the case of
deliberate wrongdoing, neither the Provider nor a Panelist shall be liable to a
party for any act or omission in connection with any proceedings under these
Rules.
Article 49 Time limits regulated in
this document or decided in accordance with this document shall be counted on
the second day of the initiation. The initial date is excluded in the time
limit.
If the second day of initial date is a legal holiday, the time limit shall
begin with the first working day after the holiday(s). All legal holidays
within the time limit shall be counted. If the expiring date is a legal
holiday, it shall be extended to the first working day after the
holiday(s).
Article 50 The Provider may develop
Supplemental Rules in accordance with these Rules; or Simplified Rules for
special domain name disputes under the Items of CNDRP based on these Rules and the
Supplemental Rules. The Supplemental Rules and the Simplified Rules should be
approved by CNNIC.
Article 51 These Rules are subject
to the interpretation of CNNIC.
Article 52 These Rules are effective
as from Jun 18, 2019. The previous "Rules for CNNIC Domain Name Dispute
Resolution Policy" (effective as of Nov 21, 2014) ceases effect
simultaneously.
(The English version is for reference only.)